Landlord Didn't Sign or Date RN-26 Form

LVT Number: 13727

Rent-controlled tenant complained of a rent overcharge. She claimed that the 1988–89 MBR increase notice and the maximum collectible rent computation (RN-26) form sent by landlord were unsigned and undated. So she argued that landlord wasn't entitled to rent increases. Landlord claimed it signed and dated a cover letter sent with the form. The DRA ruled for tenant, in part, delaying the effective date of the rent increase based on landlord's late delivery of the required notices. Tenant appealed. The DHCR ruled for tenant, in part.

Rent-controlled tenant complained of a rent overcharge. She claimed that the 1988–89 MBR increase notice and the maximum collectible rent computation (RN-26) form sent by landlord were unsigned and undated. So she argued that landlord wasn't entitled to rent increases. Landlord claimed it signed and dated a cover letter sent with the form. The DRA ruled for tenant, in part, delaying the effective date of the rent increase based on landlord's late delivery of the required notices. Tenant appealed. The DHCR ruled for tenant, in part. It was harmless error that landlord hadn't signed or dated the RN-26 form. So landlord was entitled to collect 1988–89 MBR increases as previously determined. But landlord never delivered the 1986–87 MBR form. So landlord wasn't entitled to collect any rent increase for that period.

Chaut: DHCR Adm. Rev. Dckt. No. HE120207RT (10/14/99) [4-pg. doc.]

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